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  • gc_coming
    09-23 10:12 PM
    Hi,
    The notice doesn't say that I-485 was denied. for I-140, it says notice of Automatic revocation. For I-485 it says Acknowledgement of withdrawl. It looks to me that my previous desi employer actually withdrawn the I-485 application and thats the reason it says the I-140 is automatically revoked.. But how can they withdraw my I-485 application ?

    Thanks in advance for your reply.





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  • GCKaMaara
    01-13 02:51 PM
    Slow movement as expected. Hope dates move faster in the months ahead.

    Hey Pappu,

    What happened to your cool Avatar?





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  • bigboy007
    05-28 03:09 PM
    Good point , Yes we need to give our response to it. but neither H1B says its only for INNOVATORS rather it says only SKILLED workers. Not even every PhD is innovator . May be in some circumstances the so said perspective is true but i dont agree with every point.

    I work in a comp where mostly they have GC or Citz and in some cases they waited even 2 months + and then decided to take H1b's.

    There are no enough Americans who can do the Job if these guys think its H1B and remove H1B every Job will land as an outsourcing . If not h1B many Outsourcing IT firms will find some way to temp bring IT pros and eventually outsource.

    The Key point that IV is making is how much taxes we are paying and how good we are making to American economy. If they remove H1B ,then they understand how and what they have lost.





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  • reddog
    01-27 10:45 PM
    It is unlawful for an alien admitted on a non-immigrant visa to own a firearm(with one exception).
    So, if you want to own a gun, read on....

    The case where this 18 USC 922(g)(5)(B) was mentioned elaborately was United States vs ELRAWY.
    And it clearly is re-affirmed what is stated in the law on Unlawful acts(Sec 922) for FIREARMS, that '(g)It shall be unlawful for any person - (5) who, being an alien - (B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26)));

    The case: http://bulk.resource.org/courts.gov/....04-20123.html (http://bulk.resource.org/courts.gov/c/F3/448/448.F3d.309.04-20123.html)

    The case clearly notes that a person on Adjustment on status remains on the last admitted visa status until the Adjustment of Status is approved. So there is no ambiguity there.
    A person even after he has applied for adjustment of status can remain in the country, but for ownership of a gun, he falls back on his visa status.

    However, the law clearly states an exception for the person who is an alien that is on a non-immigrant visa - the (y)(2) part:

    (y) Provisions Relating to Aliens Admitted Under Nonimmigrant Visas. - (2) Exceptions. - Subsections (d)(5)(B), (g)(5)(B), and (s)(3)(B)(v)(II) do not apply to any alien who has been lawfully admitted to the United States under a nonimmigrant visa, if that
    alien is -
    (A) admitted to the United States for lawful hunting or sporting purposes or is in possession of a hunting license or permit lawfully issued in the United States;

    Link: http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t17t20+535+12++%28%29%2 0%20AND%20%28USC%20w%2F10%20%28922%29%29%3ACITE%20 %20%20%20%20%20%20%20%20 (http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t17t20+535+12++%28%29%2 0%20AND%20%28USC%20w%2F10%20%28922%29%29%3ACITE%20 %20%20%20%20%20%20%20%20)

    In short, apply and get a Hunting Licence from the State DNR., take the safety courses and then apply for the State firearm ID.
    And, if your licensing authority knows about this exception(hunting) in the law, they will issue you a license.
    If not, they will reject your application. If so, You might want to bring this section to their notice.



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  • knowDOL
    05-11 04:35 PM
    After having gone through so much, it does no affect me on if the bill passes or fails. If I get GC or not, if I get EAD or not,, I have become a kind of what do you call, a stithapragna as read by Geetha.





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  • franklin
    08-22 07:06 PM
    First your PD has to be current for USCIS to look into your RD.

    Not quite, as I understand it, if your PD is not current, your AOS will continue processing and will eventually get to a "approved, pending visa number" state. You can pretty much be in this state for some time, and then when PD does become current (as happened from May through July this year with the significant shift in PDs in the bulletins) there will be a massive approval rate of all those pending applications.

    USCIS doesn't stop the application process just because your PD is no longer current

    This is how USCIS got through 60k unused visas in a staggeringly short time. There were a LOT of applications that were ready to go, they were just waiting for those numbers. USCIS didn't all of a suddenly quadruple their efficiency in processing :)



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  • ganguteli
    07-16 10:13 AM
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  • dingudi
    12-11 10:17 PM
    We need to develop really intelligent strategies considering all the factors. Just throwing out ideas and organizing rallys may not be enough (although needed).

    There are a lot of intelligent people on this forum. I think we need to work on our unity, commitment and implementing of strategies.

    IV is already doing lot of these but does not seem to be working fast and effective enough.



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  • aadimanav
    07-14 05:46 PM
    Just sent an email to Senator Barbara Boxer too.





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  • vkkkk
    10-26 08:18 AM
    No vkkkk, I'm not playing. What some people are saying is logic and what i'm saying is the fact. You seems new in this form. But i think most of the people here are serious and try share their sufferings, free help from freinds (virtual).

    Anyway, My lawyer used the PERM. right after i received my Labor (may 2006) I had to renew my H1b which took 6 months (regular processing). After i received my renewal I sent my I-140 application. I didn't even bother to use the premium processing for my i140 because the i485 was not current that time, instead it way way back as a EB3. anyway, you know the rest of the story.....

    I am sorry and i am taking back comments.
    My hearty congratulations, take a break and enjoy few days.



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  • funny
    09-25 04:39 PM
    I would love to get involved with bunch of like minded people.....I have all the experience needed for starting and running a company. I have successully done thrice.....We have so many experienced folks who would love to start and run a company but lack the experience/knowledge of running one. it would be a good start to bring all such people to get together and pool our knowledge, skills, money and succeed.

    Let me know what do u guys think... We can discuss next course of action.

    newbie2020,

    Can you provide some infomation on what are the point thats one should take care off, whilte starting the company with pending 485





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  • memyselfandus
    08-03 09:57 PM
    Originally Posted by potatoeater http://immigrationvoice.org/forum/images/buttons/viewpost.gif (http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/243430-sept-visa-bulletin-predictions-3.html#post598112)
    Justaju jiski thi, usko to na paya humne..
    Is bahane magar dekh li duniya humne.

    (Song from Umrao Jaan)

    After wandering through 12 US states in past 12 years, thats what accurately sums up my quest for GC. :)

    This is not an Indian site. Kindly understands sensitivities of other users of this site.



    I don't understand why people take offensive about expressing thoughts that has no bearing/ insulting towards anybody. I think using his/her language gives a person a powerful tool to express the emotion in a positive way. I think it shouldn't matter, if the person doesn't have ill feeling towards anybody.

    This forum is nothing but a virtual place where like minded people mingle and discuss their sorrows and excitement; if somebody uses some other language to express feeling shouldn't have negative bearing on anybody. Of course, brief explanation in English is certainly helpful.

    So far IV has enough people in almost all languages who can point out the trash or curse words that alerts other members who in turn can coordinate with admins to weed out those members from community.

    I think these folks are better than the members who use the wild characters to trash talk all the time.

    In my experience, I have seen the poetic folks are strong motivators and most of the folks that write these beautiful stanzas are selfless workers towards the community.

    In short, I think we should not veraciously criticize these gentle folks.. Be kind to them.



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  • Macaca
    08-13 09:52 PM
    Employment Based (EB) Green Card (GC) Laws

    The yearly GC quota is 140K. This includes GC for spouse and children. On an average, GCs are given to ~60K families.
    Each country is allotted 7% (of 140K) GCs (equally distributed among EB-1, EB-2 and EB-3). Each country gets 9800 GCs (~4K families) + unused GCs (in the last quarter) from other countries, if any.
    GCs unused in a year can not be reused in following years. There were 376, 345 unused GCs from 1992-2005 (page 34); 50K were recaptured for Schedule A from 01-04 and 107, 586 were recaptured for family based.
    The Citizenship and Immigration Services (CIS) Ombudsman Annual Report 2007 (http://www.dhs.gov/xlibrary/assets/CISOMB_Annual_Report_2007.pdf) estimates (page 35) the submission of 500K-750K (yes 500K+) AOS applications between June 1 and August 17 2007.
    There were ~1M pending AOS applications as of March’07. (pages 11 and 14 of Ombudsman's report)
    USCIS can not determine the exact number of pending applications and a breakdown of pending applications by number of months pending and application type. Further, USCIS is not making any effort to determine these numbers. (page 13 of Ombudsman's report)

    Administrative Delays

    USCIS is 90% funded by application fees and is short of resources.
    So far EAD renewal has been taking ?? months. With the additional applications it will take ?? months and we will have to apply for renewal after ?? months.
    FBI name checks may be the single biggest obstacle to the timely and efficient delivery of immigration benefits. (page 37 of Ombudsman's report)

    As of May 2007, USCIS had 329,160 pending name check cases, with approximately 64 percent (211,341) of those cases pending more than 90 days and approximately 32 percent (106,738) pending more than one year. (page 37 of Ombudsman's report)
    The backlog appears likely to get worse, because the August USCIS fee increase has prompted a 50 percent rise in new naturalization applications so far this year.(Washington Post (http://immigrationvoice.org/forum/showpost.php?p=85213&postcount=365))
    USCIS has limited capability to produce reports detailing the status of long-pending name check cases. In addition, USCIS systems do not automatically indicate when a delayed name check is complete and the case can be adjudicated. Often, this leads to a situation where the validity of other checks expire before USCIS reviews the case. Those other checks then need to be reinitiated, adding financial and time costs for applicants and USCIS. (page 43 of Ombudsman's report)
    Since 2001 FBI has intensified the scrutiny of immigrants with high-technology backgrounds. (Washington Post (http://immigrationvoice.org/forum/showpost.php?p=85213&postcount=365))


    What does it mean?

    There will be 1.4M+ AOS applications by Aug 17 which will take 1.4M/140K = 10+ years. Thus, priority dates will remain retrogressed for several years.
    Those who could not file AOS will wait for several years.
    EAD/AP is valid for 1 year: long cycle of EAD/AP renewals.

    If your EAD is not renewed in time, you will have to stop working,
    Several employers (and rightly so) view EAD as a temporary permit and are reluctant to hire you.

    You need to be in the same position with same job responsibilities for an indefinite time period otherwise your GC application will be rejected.
    If you were unmarried at the time of filing, you will need to continue on current status (e.g. H-1B) otherwise you cannot bring your spouse.

    Executive and Legislative Efforts
    The only solution is to change laws to increase EB GC numbers.

    EB Immigration reform does not have enough support in Congress (failure of SKILL, STEM, ...). As a matter of fact, it does not even get enough support to make it debatable, let alone final voting.
    IV Hill Lobbying: manager's ammendment (http://immigrationvoice.org/forum/showthread.php?t=948&highlight=manager%27s+amendment) in CIR 2006, July 2007 Visa bulletin reversal (http://immigrationvoice.org/forum/showthread.php?t=10097&highlight=huge+development).
    Always ahead of others (http://immigrationvoice.org/forum/showthread.php?t=12135).
    IV grassroot effort (flower campaign (http://immigrationvoice.org/forum/showpost.php?p=106384&postcount=683) + San Jose Rally (http://immigrationvoice.org/forum/showpost.php?p=114554&postcount=738)) was an important reason for retraction of July Visa Bulletin.

    Your options: a) Struggle for several years b) Leave USA c) Help yourself by joining IV





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  • nc14
    05-06 04:12 PM
    Anyone from Cincinnati, Dayton, Indianapolis area who wants to plan the trip together. Flights from Dayton to BWI is for $157 roundtrip.



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  • eastindia
    02-15 08:55 AM
    Get it from India. It will be much cheaper. It is better to go back for 2 years for a masters degree and come back. It is easy for IT folks to come back on a new H1B visa. For people in other professions it is difficult. You can even have your company transfer you to India for 2 years or take study leave.





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  • sweet_jungle
    12-14 04:25 PM
    bump

    My wife's EAD was also pending for about 4 months. At infopass, officer said we have to wait. He asked to check back in 10 days.
    Within 2 days, status changed to "card production ordered". Before, we had sent expedite request also.



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  • babu123
    08-10 10:44 PM
    Where did Pederson got this info :)
    Even state didnt published yet.
    I wish the dates should move further :)





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  • gc28262
    07-02 04:01 PM
    So that we get enough attention... I wrote one awhile back, still no luck.

    Instead of writing individual letters, we should approach through appropriate channels like some lawyers, AILA etc. Not sure though.





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  • sirinme
    07-17 10:48 PM
    I mailed letters to the following today.

    Sen. Dianne Feinstein
    Sen. Barbara Boxer
    Rep. Zoe Lofgren





    jthomas
    03-17 04:16 PM
    Do something.... Doing something is better than doing nothing. Can somebody make a template.





    s416504
    02-12 12:24 PM
    You said Labor do says BS+5 year Exp. is OK.
    If nothing comes up...Check if your original employer files New I140 to consider you in EB3 instead of EB2 using same labor.


    digging through my old documents now.

    I was mistaken reading the labor cert application. It did say "we accept BS + 5 years progressive experience".

    I am 3 year Eng diploma + 1 year Eng post Diploma + 10 year exp in India + 5year Exp in US before filing Labor Cert .

    I do have a copy of the Educational evaluation used by my old attorney which says US master equivalent.

    As one member pointed out , there is a possibility that my original employer might have sent a letter saying Labor cert has mistakes but I have no way to confirm that . Or it could that the Officer is just trying to find any small thing to make the case deny.

    I am digging all my old docs to give it to my attorney and see what he is going to day .

    Thanks for all the support folks .
    -vinod



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